The Importance Of Writing A Will With A Solicitor
by Ankita Tripathy Legal 19 August 2023
No one likes writing a will, but it is the only way to ensure that your wishes following death are upheld. Not only can a will allow you to notify your family and friends of your funeral wishes formally, but it is also the only way to ensure that your wealth, belongings, and wishes are carried out as you want. Dying intestate is difficult for those left behind and open to intestacy laws that decide who inherits your money, property, or possessions.
You can occasionally buy online forms and packs from stationers or the local supermarket. However, when it comes to dealing with your estate, whether rich or poor, you should consider using the services of a solicitor to draft your will for you. It only takes a little to create discord in a family if there are loopholes and mistakes in wills. No matter how much you believe your loved ones won’t fight over money or legacies, a solicitor drafted will ensure you have all issues suitably covered to remove the chance for confusion.
Solicitors such as O’Donnell Solicitors can help you create a will that protects you and those you choose to receive your legacy in the way you want them to. Dying intestate will leave you open to the fixed structure, which leaves cohabitees, partners, and stepchildren out. Whilst your spouse, children, grandchildren, and parents will be part of the intestate beneficiaries, you have no control over how much they receive (there are limits in place). It is more complicated, costly, and time-consuming for loved ones.
Drafting a legally binding will isn’t something to put off.
Whether it’s getting married or having a baby, it is often a significant event that makes you think about creating a will. With the extra members of your family come a greater need to look after them should your time come. A solicitor will ensure that your choice:
- is appropriately drafted, and everything is remembered.
- is future-proofed for changing family circumstances.
- legally covers complex or unusual requests and family structures.
- plans for inheritance tax and Power of Attorney are considered where necessary.
Without fully understanding the complexities, it is possible that your will doesn’t fulfil its intention. With many families involving stepchildren, it is essential to word a choice to make sure its intent is clear. Most contested wills are done so because of unclear wording. A solicitor drafted will considerably narrow the scope for a will challenge.
Common will-writing issues solicitors will help you avoid
- Not following the correct procedure for preparing and witnessing.
- Missing out property, money or items of significant value.
- Failing to account for the possibility of a beneficiary’s death before the will writer’s death.
- Being unaware of the legal effects of relationships.
- Being unaware of the rules surrounding contesting a will by those who feel they need to be adequately provided for.
- Using a will-writing firm that The Law Society does not regulate leaves you little safeguard if things go wrong.
Writing a will through a solicitor need not be expensive. They will also be able to create mirror wills for married couples/civil partnerships and help you plan how you leave your inheritance, no matter how complicated your financial or family affairs. They will prepare for your death so you can live without worry, knowing you have done all you can for the loved ones you leave behind.
Grieving for a loved one is a difficult time, and it will undoubtedly make life easier for your family, friends, and special people to know your wishes and bequests are clearly defined in your will and that the executors have clear instructions to carry out your wishes. If you aren’t happy with the rules surrounding who can inherit without a will, don’t wait for a significant event to write your will. A solicitor will help you get a will that covers events that may happen in the future too.